Our Expertise
Heritage
Law
Beatty Hughes & Associates is recognised for its technical legal expertise in Heritage Law
We advise clients across NSW in navigating complex heritage law matters. We have expertise in advising clients on all aspects of legislation and regulatory policy for the protection and management of cultural heritage. Our clients have included developers, development objectors, landowners, Local Aboriginal Land Councils, Traditional Owners, and community groups.
We were proud to have been an Official Patron of the ICOMOS General Assembly 2023, hosted in Sydney in 2023.
We prepared and provided to ICOMOS GA delegates a guide to heritage law in Australia which can be found at this link.
How we can assist
Advising how to protect a heritage item or place threatened by a proposed development and acting for you in any legal proceedings.
Advising on the carrying out development which may affect a protected heritage item, and assisting you negotiate the approval requirements.
Advising on the land value implications of heritage listings in the context of compulsory acquisitions and land tax appeals.
Our recent experience in Heritage Law
Advising a Local Aboriginal Land Council in relation to development that would adversely affect culturally significant sites.
Advising Aboriginal Traditional Owners on measures to protect culturally heritage landscape and sacred places including assisting in the lodging of applications under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth).
Advising and making submissions to the NSW Independent Planning Commission on the heritage impacts of proposed development on behalf of affected landowners.
Glenmarie Capital Pty Limited v Valuer General of New South Wales [2020] NSWLEC 1291 – successful application to have identified heritage values taken into account in determining land value under the Valuation of Land Act 1916 (NSW).
We made submissions to and were invited to appear at the federal parliament (Joint Standing Committee on Northern Australia) Inquiry into the destruction of 46,000 year old caves in the Pilbara Region of Western Australia, 2020-2021.
Related News + Insights
- Published on 16 February, 2025
- Published on 1 August, 2023
The protection of Aboriginal cultural heritage under the Aboriginal and Torres Strait Islander Heritage Protection Act (‘ATSHIP’) is examined through the operation of the Act in practice. Importantly, in practice, it is criticised for being a generally ineffective means of protecting Aboriginal cultural heritage.
- Published on 21 March, 2022
The current legislative approach to heritage conservation faces serious difficulties in protecting Aboriginal cultural heritage. These difficulties arise in the process of identifying and registering sites and the conflict between heritage values and land use. Ultimately, the existing highly criticised Aboriginal heritage protection legislation demonstrates that difficult questions remain.
- Published on 1 October, 2020
- Published on 1 February, 2020
The Land and Environment Court’s rejection of a proposed expansion of a sand quarry in Calga is considered an endorsement of the Burra Charter Process for the protection of Aboriginal cultural heritage. This examination of the Court’s findings, in particular the discussion of an “amber light” approach to address deficiencies in available information, highlights important […]
- Published on 1 May, 2016
